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Angiolillo v. Collier County

394 Fed. Appx. 609 (2010)

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Angiolillo v. Collier County

United States Court of Appeals for the Eleventh Circuit

394 Fed. Appx. 609 (2010)

Facts

Vincent Angiolillo (plaintiff) and a woman named Crystal obtained Temporary Injunctions for Protection Against Dating Violence (protection orders) against each other. Under the protection orders, Angiolillo and Crystal could not contact each other directly or through third parties, and Angiolillo could not visit a specific bar. Police collected evidence of Angiolillo’s multiple violations of the protection order against him, including a recorded phone call during which a woman called Crystal’s phone requesting Crystal’s real estate assistance, but Angiolillo’s voice could be clearly heard in the background, and informal statements from Crystal’s friends who saw Angiolillo drive within 60 feet of the bar’s front door. Angiolillo claimed that Crystal violated his protection order against Crystal by leaving a message on his phone, but police noted that Angiolillo produced no such message. Based on this information, the state attorney’s office obtained an arrest warrant, and Angiolillo was arrested. Angiolillo later filed a lawsuit under 42 U.S.C. § 1983 and state law against Collier County, its sheriff, and five sheriff’s department employees (government parties) (defendants), claiming false arrest, malicious prosecution, conspiracy, and state-law malicious prosecution. The district court granted a motion to dismiss most of Angiolillo’s claims with prejudice, and it awarded summary judgment with prejudice against Angiolillo’s remaining claims. The district court specifically determined that Angiolillo’s arrest for his violations of the protection order was supported by probable cause and that his civil claims were frivolous. It awarded the government parties’ attorney’s fees. Angiolillo appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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